DOG CONTROL BYLAW NO. 221 - June 2020 - Date the Council passed the Bylaw Resolution 25 June 2020 Date the Bylaw came into effect 27 July 2020 ...
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DOG CONTROL BYLAW NO. 221 June 2020 Date the Council passed the Bylaw Resolution 25 June 2020 Date the Bylaw came into effect 27 July 2020 Date of the next Bylaw review 27 July 2030 Bylaw expiry date 27 July 2032
The COMMON SEAL of
the NELSON CITY
COUNCIL
Was hereto affixed in
The presence of:
Her Worship the Mayor
Chief Executive
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INTRODUCTION
1.1 The title of this Bylaw shall be the “Dog Control Bylaw 2020.”
1.2 The Bylaw shall come into effect on 27 July 2020.
DEFINITIONS
Terms and expressions defined in the Dog Control Act 1996 shall, when
used in this Bylaw, have the meanings defined in the Act.
Act - Means the Dog Control Act 1996.
City - Means the territory of the City of Nelson as defined in Part 2 of
Schedule 2 to the Local Government Act 2002.
The Council - Means the Nelson City Council.
Playing area - Means that part of any sports ground which at the material
time is marked out or otherwise set aside for the playing of any active
sport.
Under control — Means that at all times a dog is able to be restrained or to
obey commands.
Urban area — Means the area as defined in the Nelson Air Quality Plan, or
any other resource management plan/s which replaceit after this Bylaw is
adopted.
DOGS PROHIBITED
No person shall allow any dog of which they are the owner to enter upon or
remain on any part of any public place or area specified in Schedule One.
DOGS PERMITTED ON A LEASH
No person shall allow any dog of which they are the owner to enter upon or
remain on any part of any public place or area specified in Schedule Two,
unless the dog is at all times controlled on a leash.
4.2 Clause 4.1 does not apply to dogs under the direction of the Nelson Dog
Training Club.
DOGS IN ALL OTHER PUBLIC PLACES
Bick In all public places where dogs are not prohibited or required to be ona
leash, dogs must be kept under control by the owner. It is the
responsibility of the owner to decide whether this control can be achieved
off leash or on a leash. Nothing in this clause absolves the owner from the
obligation to carry a leash at all times while he or she is with the dog ina
public place.
5 Every dog owner shall ensure that at all times the dog is under an
appropriate degree of control which will ensure that the dog does not cause a
nuisance to any other person, or rush at or startle any person in a manner
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that causes that person to be injured or endangered, or causes any
property to be damaged or endangered.
EXEMPTIONS
6.1 A working dog, as defined in the Act as well as any Land Search and Rescue
dog, is exempted from Clauses 3, 4 or 5 above, while it is engaged in or
being used for its working purpose.
0,2 Nothing in Clauses 4 or 5 shall prevent the Council from excluding dogs
from any area for the purpose of holding an event.
6.3 Nothing in Clauses 3 or 4 shall prevent the Council from granting permission
for dogs to enter a Schedule One or Two area for a special purpose such as
feral animal control or the management of indigenous wildlife.
6.4 Clauses 6.1 and 6.3 do not negate the need to apply for a dog control
permit from the Department of Conservation where such a permit is
required to take a dog onto land administered by the Departmentof
Conservation.
NUMBER OF DOGS
Fil No occupier of any land or premises within the City, shall keep, or allow to
be kept on the land or premises for any period exceeding seven days, more
than two dogs over the age of three months.
7:2 Clause 7.1 shall not apply to any occupier of any land or premises within
the City who had more than two dogs in February 2013. They have an
“existing use right” to continue to own their existing dogs, until the end of
the dogs’ lives. Written permission will be required for ownership of any
additional dogs after this date.
2.3 Clause 7.1 shall not apply to any occupier of any land or premises within
the City who has written permission from the Council to keep more than two
dogs.
7.4 Clause 7.1 shall not apply to any occupier of any land or premises which is .
outside of the urban area.
SEIZURE OF ROAMING DOGS
8.1 Any dog found wandering free at large on public or private property,
whether or not it is wearing a collar having the proper registration label or
disc attached as required by the Act, may be seized and impounded by any
Dog Control Officer, Dog Ranger or other person authorised by the Council.
DOGS WITH CONTAGIOUS DISEASES
9.1 No owner of any dog with a contagious disease shall take the dog to a
public place, or allow the dog to remain in a public place.
10. NUISANCES OR INJURY TO HEALTH
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10.1 The owner of any dog or the owner or occupier of any premises where any
dog is customarily kept, shall take all reasonable steps to ensure that the
dog does not cause a nuisance to any person or be likely to be injurious to
the health of any person.
10.2 If, in the opinion of a Dog Control Officer, any dog has become or is likely to
become a nuisance to any person or injurious to the health of any person,
the Dog Control Officer may, by notice in writing, require the dog owner or
the owners or occupiers of the premises at which the dog is kept, within a
time specified in such notice to do all or any of the following:
a) reduce the number of dogs on the premises;
b) construct, alter, reconstruct or otherwise improve the kennels or other
buildings or fences used to house or contain the dog;
c) tie up or otherwise confine the dog during specified periods;
d) take such other action as necessary to minimise or remove the
likelihood of nuisance or injury to health.
10.3 If, in the opinion of a Dog Control Officer, any dog has become or is likely to
become a nuisance any person to whom notice is given under Clause 10.2
who fails to comply with the notice, within the time specified in the notice,
shall commit an offence against this Bylaw.
10.4 Any dog left in a public place, whether restrained or not, and causing a
nuisance or distress to any person by act of aggression, obstruction, noise
or otherwise, may be removed by any Dog Control Officer, Dog Ranger or
Constable and subsequently impounded.
11. DOGS DEFECATING
11.1 The owner of any dog that defecates in a public place or on land or
premises other than that on which the dog is normally kept, shall
immediately removethe faeces.
11.2 Every person, with or in control of any dog in any public place, or on any
land or premises other than that on which the dog is usually kept, shall at
all times carry on their person a bag or other receptacle suitable for the
collection of any faeces which the dog might deposit.
12. OFFENCES AND PENALTIES
12.1 Every person who breachesthis bylaw commits an offence.
12.2 Every person who commits an offence under this Bylaw may have an
infringement notice issued to them or be prosecuted for a breach of bylaw
under the Dog Control Act 1996 or the Local Government Act 2002.
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SCHEDULE ONE
Dogs Prohibited Areas
le Nelson Airport (unless transporting dogs for air lift in or out of
Nelson; or dogs securely restrained in the owner's vehicle).
Eastern two thirds of Tahunanui Main Beach.
The playing area of any Council sports grounds. The exception is
Maitai Cricket Ground, for which the prohibition only applies from
October to March each year.
Children’s playgrounds - the section of the reserve set aside for
playground equipment.
Nelson City Council Water Reserves (without Council permits):
e Maitai Valley
e Roding
Brook Conservation Reserve.
Any public building owned or controlled by the Council. (Except in
respect of the Trafalgar Centre or Stoke Hall when a function
involving dogs is being held.)
Trafalgar Park.
Saxton Field Cricket Oval and the Athletics Track.
10. Saxton Field Hockey and Softball Areas.
11. HaulashoreIsland.
12. Oyster Island.
13. Haven Holes Reserve.
14. The following Maitai River swimming holes and the listed picnic
areas:
o The picnic area and river bank beside Black Hole - true right
side of the river only. (This is the right-hand side, when looking
downstream. )
o Dennes Hole and the adjacent picnic area
e Sunday Hole and the adjacent picnic area
o Maitai Camp Hole and the adjacent picnic area.
(This prohibition only applies from 1 December to 31 March each
year.)
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15. Dogs are prohibited from land administered by the Department of
Conservation that is not acommon marine and coastal area unless
the owner has specific authorisation, for example a dog control
permit from the Department of Conservation; or the reserve has
Department of Conservation signage identifying where a dog may be
taken without a permit. (Dogs are permitted on common marine
and coastal areas administered by the Department of Conservation
unless it is an area listed in this Schedule.)
16. The beaches and estuary flat of Nelson Haven bounded by the
Boulder Bank Scenic Reserve (to the west) and Boulder Bank Drive
(to the east) for a distance of 500 metres along each of those
boundaries.
17. The Boulder Bank, from the Cut towards Boulder Bank Drive for 4
kilometres, from 15 August to the last day in February.
18. Whakapuaka Raupo Swamp.
19. The fenced area of the foreshore and esplanade reserve at Paremata
Flats, including the planted area of the Paremata Flats Reserve, but
excluding the northern most section of the walkway to the lookout
adjacent to the Wakapuaka River and the fenced land adjacent to
the swimming hole.
20. Dogs are permitted to be off leash on the formed cycling and
walking tracks within Marsden Valley Reserve, including Involution
Trail. However, they are prohibited from being in the bush areas (off
the tracks) in the part of Marsden Valley Reserve to the east of the
Barnicoat Walkway.
21. Sand Island.
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SCHEDULE TWO
Dogs are Permitted but must be Kept on a Leash
I; All public footpaths and other public areas within the Central
Business District, and within the Stoke and Tahunanui shopping
centre.
Nelson cemeteries, both active and non-active. The active
cemeteries are: Wakapuaka Cemetery, Marsden Valley Cemetery,
Seaview Cemetery, and Hira Cemetery. The non-active cemeteries
are, the Quakers Cemetery on Wellington Walkway and the Hallowell
Cemetery near Shelbourne Street.
Horticultural Parks. These are: Miyazu Japanese Gardens, Anzac
Memorial Park, Church Hill, Melrose Gardens, Queens Gardens,
Broadgreen Gardens and Isel Park. The exception to the on-leash
requirementis the less cultivated part of Isel Park which begins at
Main Road Stoke and extends to the Isel Park entrance gate, as well
as the area south of the access road beyond the Isel Park entrance
gate. This exception applies when events are not being held in Isel
Park.
Neighbourhood Parks — excluding those listed in Schedule Three.
The margins, islands, sand and mudflats of Delaware Estuary, and
the northernmostsection of the walkway adjacent to the
Wakapuaka River from Paremata Flats to the lookout.
Around the playing areas of sports fields when games or training
sessions are occurring. (At other times dogs may be off lead on
sports grounds other than the playing area of sports grounds.)
The Maitai walkway, from the river mouth up to the Collingwood
Street bridge.
The grazed parts of the Grampians Reserve and the Sir Stanley
Whitehead Park.
(Note: The grazed parts of the Maitai River Esplanade Reserve,
Tantragee Reserve and Paremata Flats Reserve are areas where
dogs may be off-leash.)
Delaware Estuary margins, and islands within the estuary.
10. The Boulder Bank from Boulder Bank Drive to the Cut.
(Note: The Boulder Bank from the Cut toward Boulder Bank Drive
for 4 kilometres is a dogs prohibited area from 15 August to the end
of February, and dogs may be off leash on the Boulder Bank
northwards from Boulder Bank Drive.)
11. Whakatt Drive Foreshore Reserve.
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SCHEDULE THREE
Neighbourhood Parks in which Dogs may be Off Leash
Abraham Heights Reserve
Andrews Farm Reserve
Bay View Reserve
Betsy Eyre Park
Bishopdale Reserve
Bishop’s Park
Bledisloe North Reserve
Branford Park
Corder Park
Custom House Reserve
Fairfield Park
Grampian Oaks Reserve
Glenduan Reserve
Hira Reserve
Kowhai Reserve
Monaco Reserve
Murphy North Reserve
Murphy South Reserve
Ngapua Reserve
Nikau Reserve
Orchard Reserve
Pipers Park
Poplar Reserve
Queen Elizabeth II Reserve
Station Reserve
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Te Manu Reserve
Tosswill Reserve
Waterhouse Reserve
Wolfe Reserve
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